Question: My severely disabled (non verbal, non ambulatory) 20 year old son’s health status has declined to the point that his mom and I have agreed not to take any extraordinary intervention. He is being followed at home by Hospice of the Valley. We are being challenged by the treating hospitals to produce a medical POA to recovery his medical records. Given his current medical status the possibility of him surviving more than a couple of weeks are doubtful. Is there an easy and inexpensive way to get guardianship of him and should we?
Answer:
We cannot say what you should or should not do. However, we can give you some information about the law. One can get emergency medical guardianship, but cannot file for emergency guardianship without also filing for “permanent” guardianship. This is an expensive proposition because of all the papers, medical report, and the court hearing involved.
Only your son can execute his power of attorney. For a medical power of attorney, your son needs be able to comprehend and indicate agreement. See A.R.S. § 36-3221 for the requirements for a health care power of attorney.
Additionally, look to the listed organizations by selecting your county in the "find legal help" box in the bottom right hand corner. You may also find the forms you need at the self-service center at the court in your county.
To find a lawyer, you may want to go to the "find a lawyer" page of the State Bar of Arizona's website, or go to either the Maricopa Bar Lawyer Referral Service or the Pima County Bar Lawyer Referral Service.
April 02, 2008
Legal Services Corporation